Disciplinary Case Summaries

JurisdictionColorado,United States
CitationVol. 42 No. 3 Pg. 107
Pages107
Publication year2013
42 Colo.Law. 107
Disciplinary Case Summaries
Vol. 42 No. 3 [Page 107]
Colorado Bar Journal
March, 2013

From the Courts Colorado Disciplinary Cases

The summaries of disciplinary case Opinions and Conditional Admissions of Misconduct are prepared by the Office of the Presiding Disciplinary Judge (PDJ) and are provided as a service by the Colorado Bar Association (CBA). The CBA cannot guarantee the accuracy or completeness of the summaries. The full text of the disciplinary Opinions, when published by the PDJ, follows the summaries page(s). The summaries and full-text Opinions also are accessible from the CBA website: www.cobar.org (click on "Opinions/Rules/Statutes"). Opinions, including exhibits, complaints, amended complaints, and summaries, also are available at the PDJ website, www.coloradosupremecourt.com/PDJ/pdj.htm, and on LexisNexis.®

Summaries of Decisions Issued by the PDJ

No. 10PDJ088. People v. Cole. 11/30/2011. Attorney Suspended.

The Hearing Board suspended Derek W. Cole, attorney registration number 14761, for ninety days. The suspension was effective July 23, 2012.

Cole failed to competently represent his client, who was accused of sexual assault on a child, pattern of abuse. Cole, who had never before accepted a case involving such charges, did not acquire sufficient knowledge or skill to conduct his client's defense, nor did he adequately prepare or investigate the case. His misconduct constituted grounds for the imposition of discipline pursuant to CRCP 251.5, and violated Colo. RFC 1.1.

No. 12PDJ016. People V. Forsyth. 12/17/2012. Complaint Dismissed.

Following a hearing, the Hearing Board dismissed the complaint against Christopher Paul Forsyth, attorney registration number 22608. The People asserted that Forsyth engaged in frivolous litigation and prejudiced the administration of justice, in violation of Colo. RFC 3.1 and 8.4(d), by filing an appeal that the Colorado Court of Appeals deemed to be without merit. The Hearing Board concluded that the People failed to meet their burden of proving violations of Colo. RFC 3.1 and 8.4(d) by clear and convincing evidence.

No. 10PDJ097. Miranda V. People. 12/20/2012 Reinstatement Order Vacated.

The FDJ issued a notice vacating the Hearing Board's order reinstating Michael T. Miranda, attorney registration number 24702, to the practice of law. The Hearing Board's order was reversed by the Colorado Supreme Court, which concluded that Miranda cannot be reinstated...

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